Lunch was served. David Gomez from the Department of Corrections
welcomed the Commission to DOC. Justice Zimmerman called the meeting to order.
The minutes from Meeting #10 were approved without further amendment.

Follow-up discussion from the Board of Pardons and Parole'
s September presentation:

2. 2003 COMMISSION PRIORITIES (Michael Zimmerman)

Background: At the August meeting, members discussed
choosing a few projects for the Commission to work collectively on in 2003.
By concentrating our efforts and influence, we can affect change. The Racial
Profiling Bill is an example.

Discussion: The thirteen priorities submitted by
Subcommittees (see purple handout) were reviewed. Forty-five minutes of
extensive dialogue on the Racial Profiling legislation provided a necessary
and informative exchange on the realities and perceptions of the law. It is
also reflected in the prioritization by the group.

Law enforcement are not behind the law, finding
loopholes, feeling targeted and unfairly singled out (eg. Citizens have
the option to self-report their race/gender, but an officer is mandated
to record their own info).

Discussion uncovered much misinformation and missing
information by law enforcement and the community as a whole.

Kal Farr read portions of an email from Mike Haddon
(researcher at CCJJ). The Commission requested that Mike Haddon from
CCJJ and Russ Van Vleet from the Social Research Institute meet together
with the Commission to discuss the constraints of the Racial Profiling
legislation. Please refer to Meeting 8 Minutes, when Russ gave a
preliminary warning about the racial profiling/data collection:

From the May minutes:

Racial Profiling Bill: The Research Consortium at
the UofU has raised the issue that the data collected as defined by
HB101 may not provide sufficient data to study the issues warranted.
The group is pleased with the collaboration and contribution of the
law enforcement agencies, and they want to assist law enforcement
agencies to better collect data. The Consortium would like to report
their progress to the Commission at a later date. They would also
like to examine the constraints experienced by New Jersey, and bring
this information to the Commission. Issues raised: what to do with
data after it is collected; comparisons in a
" neutral"
zone (ie. disproportionate stops on highways?).

This law only addresses law enforcement (entry to the
system), and the Commission wants to examine the multiple other areas of
the legal system (through exit). Research has shown that the
disproportion of people of color in the system only INCREASES as a
person goes further into the system. HB101 only provides the first step,
of many, to truly examine these issues. Brent Johnson volunteered to
give a written background of the need and support for data collection;
Ed McConkie volunteered a CCJJ PowerPoint presentation on what can/not
be done with the legislation. Brent Johnson also volunteered to speak to
law enforcement groups if a dialogue would be more appropriate
educational tool.

It was suggested that the data collection also include a
comparison of arrest/non-arrest data

The Commission reinforced its original stance and
support of a data collection mechanism-
NOT an adversarial dynamic where an officer is forced to self-report
their race/gender at each stop and NOT to assign a race or
"other"
category to those they stop.

Regarding the CJS Complaint Processes category,
Commission members combined all three points to make a single priority.

Regarding the Outreach/Recruitment category, Commission
members combined the last two points to make a single priority.

Regarding the Indigent Defense category, Commission
members added a separate priority:
Examining representation of
indigent people and people of color and taking this comparison further
to study the effects of socioeconomic status and race

Voting:

Process for absent members to vote: Members absent
without proxy will be given one week to respond/submit their three
priorities via email.

3. ANNOUNCEMENTS (Michael Zimmerman)

Commission Resignation: Representative A. Lamont Tyler has
retired from the legislature, accepted an assignment abroad, and resigns
from the Commission. He has written a letter of thanks to the Commission
members (included in materials). The Commission will identify a
Representative and a Senator after the November elections. The 2002 seats
were held by Rep. Tyler and the late Sen. Pete Suazo.

Annual Report Update: The Commission Highlights and
Appendices have been assembled. We are currently working on the Subcommittee
descriptions and 2003 Plan. The final section will be the Executive Summary.
A draft of the Annual Report will be available to Commission members for
comment on November 18th

As the implementation Commission, our primary charge
continues to be implementation of Task Force recommendations. PLEASE
keep your agency response docs an internal priority in your agency, as
they will be published in each Annual Report of this Commission.

It was commented that the current stages of the Annual
Report are not user-friendly or understandable to the general public.
The Subcommittee will address this. It was also suggested that we give a
history of the Task Force and the recommendations, to give context to
the Agency Responses.

It was also decided that if any
"red flags"
are detected in Agency Response documents, the Annual Report
Subcommittee (specifically, Keith Hamilton or Ken Wallentine) will
contact the agency representative directly to discuss them. However, the
subcommittee primarily edited only for format, grammar, and spelling.
The Commission comment period from Nov 18 - Dec 9 is time for agencies
to provide updates/changes/edits for the Report.

Advisory Council:

Executive Committee election on November 5th
(leadership for two years)

The Advisory Council identified their goals for 2003:

#1 Develop outreach strategies to communities

#2 Advise; Give feedback, recommendations, and
solutions to the Commission

#3 Educate and dialogue to increase the Advisory
Council's understanding
of the criminal justice system

#4 Identify systemic problems

Agency Involvement at future meetings: In response to #3-
Corrections, Attorney General'
s Office, Board of Pardons & Parole, Multicultural Legal Center, and the
Bar have presented to the Advisory Council. CCJJ has volunteered to
conduct education on systemic issues (eg. Plea negotiations, sentencing
guidelines, etc). CCJJ would like suggestions/topics of interest from
the Advisory Council. They can also facilitate and organize
panels/speakers.